FILED
12/9/2015 4:15:30 PM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY
CC-15-06212-B
CAUSE NO. _ _ _ __
SCOTT MALLON,
ADRIANNA LACARRA,
AEMEH EGHDAMI, and
REZA POURJA VAD
Plaintiffs,
n.
THE RENAISSANCE ON TURTLE CREEK
CONDOMINIUM ASSOCIATION, INC.,
FIRSTSERVICE RESIDENTIAL
TEXAS, INC.,
and RECONSTRUCTION EXPERTS, INC.
Defendants.
IN THE COUNTY COURT
AT LAW NO. _ _
DALLAS COUNTY, TEXAS
PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
Scott Mallon, Adrianna Lacarra, Aemeh Eghdami, and Reza POUljavad (collectively
"Plaintiffs"), complaining of The Renaissance On Turtle Creek Condominium Association, Inc.,
FirstService
Residential
Texas,
inc.,
and
Reconstruction
Experts,
Inc.
(collectively
"Defendants"), and would respectfully show the Court the following:
I.
DISCOVERY CONTROL PLAN
1.1
Discovery is intended to be conducted under Discovery Control Plan Level 3 as set forth
in the Texas Rules of Civil Procedure. Plaintiffs seek monetary relief "over One Million Dollars
($1 ,000,000.00) in accordance with Texas Rule of Civil Procedure 47(c)(3).
II.
PARTIES
2.1
Scott Mallon is an owner of a condominium at The Renaissance On Turtle Creek, and
PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR IlISCLOSURE
1:\Iuis ban olomci\77777.0342 renaissance condos\plaintiffs' original petition - renaissance.doc
Page I
resides in Dallas, Texas.
2.2
Adrianna Lacarra is an owner of a condominium at The Renaissance On Turtle Creek,
and resides in Dallas, Texas.
2.3
Aemeh Eghdami is an owner of a condominium at The Renaissance On Turtle Creek, and
resides in Dallas, Texas.
2.4
Reza Pourjavad is an owner of a condominium at The Renaissance On Turtle Creek, and
resides in Dallas, Texas.
2.5
Defendant The Renaissance On Turtle Creek Condominium Association, Inc. ("the
Association") is a domestic nonprofit corporation conducting business in Dallas County, Texas.
The Association may be served with process through its registered agent, FirstService
Residential Texas, Inc., 3102 Oak Lawn Avenue, Suite 202, Dallas, Texas 75219.
2.6
Defendant FirstService Residential Texas, Inc. ("FirstService") is a domestic for-profit
corporation conducting business in Dallas County, Texas. FirstService may be served with
process through its registered agent, Cindy Huey, 3102 Oak Lawn Avenue, Suite 202, Dallas,
Texas 75219.
2.7
Defendant Reconstruction Experts, Inc. ("Reconstruction") is a foreign for-profit
corporation conducting business in Dallas County, Texas. Reconstruction may be served with
process by serving its registered agent, C T Corporation System, 1999 Bryan Street, Suite 900,
Dallas, Texas 75201.
III.
VENUE AND JURISDICTION
3.1
Venue is proper in Dallas County pursuant to Texas Civil Practice and Remedies Code
15.002(a)(2), because all or a substantial part of the events giving rise to Plaintiffs' claims
PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR DISCLOSURE
I:\luis banolomei\77777.0342 - renaissance condos\plaintifTs' original petition - renaissance.doc
Page 2
occurred in Dallas County.
Furthermore, this Court has jurisdiction in that the damages being
sought are within the jurisdictionallimits of this Court.
IV.
STATEMENT OF BACKGROUND FACTS
4.1
Plaintiffs are condominium owners at The Renaissance on Turtle Creek Condominium
("the Condominium"), located at 3225 Turtle Creek Boulevard, Dallas, Texas 75219.
4.2
Plaintiffs' condominium ownerships are subject to mandatory membership
In
the
condominium association known as The Renaissance on Turtle Creek Condominium
Association, Inc. ("the Association").
4.3
FirstService Residential Texas, Inc. ("FirstService")
IS
the contracted management
company for the Association. Some of FirstService's duties include managing the property,
facilitating the Association's service contracts, and supervising the contractors.
4.4
FirstService and the Association contracted with Reconstruction Experts, Inc.
("Reconstruction") to renovate the pool deck at the Condominium. The pool deck is located on
the same level as the top floor of the parking garage.
4.5
In September 2015, Reconstruction filed an application with the City of Dallas to obtain a
permit to renovate the pool deck at the Condominium. The City of Dallas never issued a permit
to Reconstruction due to safety concerns with the project.
Despite not having a permit,
Reconstruction disregarded the City' s safety concerns and began renovations.
Shortly after
renovations began, Reconstruction improperly stacked heavy construction materials-including
crushed concrete, dirt, and rocks-on the top floor of the garage without accounting for the
maximum weight capacity of the concrete deck.
4.6
On October 23, 2015, due to the increased weight of the construction materials, the
PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR DISCLOSURE
1:\1uis ban.olomei\77777.0342 - renaissance condos\pJainliffs' original petition - renaissance.doc
Page 3
concrete deck collapsed, causing each of the six floors to fall like dominoes. The collapse
crushed numerous vehicles and caused Plaintiffs' vehicles to be trapped inside the garage.
Plaintiffs are unable to access the parking garage, their vehicles, and their belongings inside the
vehicles. Luckily, no one was killed. The photograph below depicts the extensive damage that
was caused during the collapse.
PLAI 'TIFFS' ORIGINAL PETITION AND REOUEST FOR DISCLOSURE
I:\lui s banolomei\77777.0342 renaissance condos\plaintiffs' original petition renaissance.doc
Page 4
V.
CAUSES OF ACTION AGAINST THE ASSOCIATION AND FIRSTSERVICE
Count A - Negligence
5.1
Plaintiffs refer to and incorporate all factual contentions set forth in all paragraphs above.
5.2
Plaintiffs would show that the occurrence made the basis of this lawsuit referred to in this
Petition, and Plaintiffs' resulting damages were proximately caused by the negligent conduct of
Defendants Association and FirstService in one or more of the following respects:
1.
In failing to ensure Reconstruction acquired the proper building permits from
the City of Dallas before proceeding with renovations; and
11 .
5.3
In failing to adequately supervise Reconstruction.
Each of the foregoing, singularly or in combination with others, constitutes negligence
and proximately caused the occurrence made the basis of this action.
Count B - Breach of Contract
5.4
Plaintiffs refer to and incorporate all factual contentions set forth in all paragraphs above.
5.5
In the Association ' s adopted Rules and Regulations, the Association covenants the
following: "Each Unit is entitled to two (2) parking stickers. One parking sticker shall be used
for the Unit' s assigned parking space, the other for parking a second vehicle in any unassigned
parking space on a first-come, first-served basis." Because of the Association and FirstService's
actions or inactions, Plaintiffs have been unable to use their entitled parking spaces. This
constitutes a breach of contract.
5.6
Defendants Association and FirstService have breached their agreements with Plaintiffs
and such breach has resulted in damages in excess of the minimum jurisdictional limits of this
PLAINTIFFS' ORIGINAL PETITION AND REOUEST FOR DISCLOSURE
1:\I ui s bartolomei\77777 .0342 - renaissance condos\plainti fTs' ori ginal petition - renaissance.doc
PageS
Court. The breach of contract has proximately resulted in damages to Plaintiffs in excess of the
minimum jurisdictional limits of this Court.
VI.
CAUSES OF ACTION AGArNST RECONSTRUCTION
Count A - Negligence
6.1
Plaintiffs refer to and incorporate all factual contentions set forth in all paragraphs above.
6.2
Plaintiffs would show that the occurrence made the basis of this lawsuit referred to in this
Petition, and Plaintiffs' resulting damages were proximately caused by the negligent conduct of
Defendant Reconstruction in one or more of the following respects:
1.
11.
111.
In failing to abide by safety guidelines;
In failing to abide by standard construction protocols and procedures;
In beginning renovations without obtaining a building permit from the City of
Dallas;
IV.
In piling heavy construction materials on the top floor of the parking garage
without calculating maximum load capacity; and
v.
6.3
In failing to abide by local and state building codes.
Each of the foregoing, singularly or in combination with others, constitutes negligence
and proximately caused the occurrence made the basis of this action.
6.4
Reconstruction's actions and/or inactions have caused Plaintiffs' to suffer significant
property damage. As a result of Reconstruction's negligence, Plaintiffs have been deprived of
the use of the parking garage, their vehicles, and the belongings inside their vehicles since
October 23 , 2015. Additionally, Plaintiffs have suffered a loss of property value and loss of
enjoyment of their condominiums.
PLAINTIFFS' ORIGINAL PETITION AND REOU.:ST FOR DISCLOSURE
1:\lui s bartolomei\77777.0342 - renaissance condos\plaintifTs' original petition - renaissance.doc
Page 6
Count B - Gross Negligence
6.5
Plaintiffs refer to and incorporate all factual contentions set forth in all paragraphs above.
6.6
Reconstruction proceeded with renovations despite not having permission from the City
of Dallas. Reconstruction was aware of the risk of harm from their actions and proceeded with
conscious indifference to that risk. Proceeding with renovations without a city permit means
standard building practices and protocols were not followed and resulted in excessive property
damage. Reconstruction's actions constitute gross negligence and entitle Plaintiffs to exemplary
damages pursuant to Texas Civil Practice & Remedies Code 41.003(a).
Count C - Negligence Per Se
6.7
Plaintiffs refer to and incorporate all factual contentions set forth in all paragraphs above.
6.8
Chapter 52, Subchapter 3, Section 301 of the Dallas City Code prohibits repairs,
alterations, improvements, and the like to a structure without a permit issued from the City
building official. The purpose of the Code is to safeguard the public health, safety, and welfare.
Plaintiffs are within the class of people the code was designed to protect.
Reconstruction
proceeded with structural renovations despite not having a building permit from the City of
Dallas. As a result, the parking garage collapsed and caused Plaintiffs' damages.
VII.
DAMAGES
7.1
As a direct and proximate result of Defendants' actions and damages caused by
Defendants, the fair market value of Plaintiffs' condominiums and vehicles have been
significantly reduced. In the future, Plaintiffs will now be required to disclose the existence of all
damages that were caused by Defendants to any potential buyer.
7.2
Plaintiffs have suffered devaluation and depreciation of their property due to stigma and
PLAINTIFFS' ORIGINAL PETITION ANIl REO UEST FOR IlISCLOSIJRE
]:\luis bartoiomei\77777.0342 - renaissance condos\plaintiffs' original petition - renaissance.doc
Page 7
reputation damages from the collapse. These damages are based upon the negative societal
perceptions regarding the risks and liabilities associated with owning, renting, and/or holding
property interests in the property that will persist beyond remediation.
7.3
Additionally, Plaintiffs have lost the use and enjoyment of their vehicles, the property
inside their vehicles, the parking garage, and their condominiums.
VIII.
JURY DEMAND
8.1
Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiffs request a jury trial
of this matter. Accordingly, Plaintiffs tender the proper jury fee with the filing of Plaintiffs'
Original Petition.
IX.
REOUEST FOR DISCLOSURE
9. I
Under Texas Rule of Civil Procedure 194, Plaintiffs request that Defendants disclose,
within 50 days of the service of this request, the information or material described in Rule 194.2
(a) through (I).
X.
PRAYER
10.1
Plaintiffs pray that Defendants be cited to appear and answer the allegations set forth in
Plaintiffs' Original Petition and recover judgment against Defendants for the following:
(a)
Judgment against Defendants for actual damages ;
(b)
Judgment against Defendants for consequential and stigma damages;
(c)
Judgment against Defendant Reconstruction for exemplary damages;
(d)
Attorney's fees and expenses;
(e)
Pre-judgment interest;
PLAINTIFFS' ORIGINAL PETITION ANI) REOUEST FOR DISCLOS URE
I;\luis bartolomei\77777.0342 - renaissance condos\plaintiffs' original petition - renai ssance.doc
Page 8
(f)
Post-judgment interest;
(g)
Costs of Court; and
(h)
Such other and further relief to which they may be entitled at law or in
equity.
Respectfully submitted,
/s/ Ramez Shamieh
Luis P. Bartolomei
Texas State Bar No. 00796172
[email protected]Ramez F. Shamieh
Texas State Bar No. 24066683
[email protected]THE BARTOLOMEI FIRM
3710 Rawlins Suite 1601
Dallas, Texas 75219
(214) 741-2662 telephone
(214) 741-4717 facsimile
ATTORNEYS FOR PLAINTIFFS
PLAINTIffS' ORIGINAL PETITION AND REOUf-ST FOR DISC LOSURE
1:\1uis bartolomei\77777.0342 - renaissance condos\plainliffs' original petition - renaissance.doc
Page 9
